tv Americas Lawyer with Mike Papantonio RT October 25, 2017 10:01pm-10:30pm EDT
plays against the state of the suit or property owners in las vegas and the concert promoters who put on the event that was targeted later in the show will talk about how the homeless in san diego california are being a western being for being home the city says it's acting within the limits of state law but i'll talk to you about one homeless man who challenge those claims in court so don't go anywhere america's lawyers start right now. on the evening of october first a gunman positioned in a room at mandalay bay hotel and casino in las vegas began firing semiautomatic weapons from his hotel window down into a crowd below that had gathered for a music festival the videos from the tragedy shocked the nation as thousands of terrified people ran for their lives in between rounds of gunfire in the end the shooter sixty four year old stephen paddick killed fifty eight people and injured
more than five hundred this tragic event currently holds the record as the deadliest mass shooting in american history replacing the poults nightclub shootings from just one year prior sadly mass murder by farms as become a regular scene in america part of the reason for this is our political landscape as well as the fact that us citizens own more guns per capita than the rest of the world and yes all the blood and gore generated by hollywood movies and the game industry has become a major part of the problem there is a mountain of legal issues that arise from every mass shooting in the united states and every one of these issues is playing out right now in the aftermath of vegas one of the most obvious issues who is at fault liability in this situation can extend far beyond the shooter for example in the case of stephen paddick shooting he gunned down a security guard at the m.g.m. own mandalay bay a full six minutes before he ever fired a shot down into the crowd at the music festival in jena. had
a full six minutes to prevent this tragedy and while that might not seem like much every second in a situation like this matters another liability issue lies in the venue where the concert was being held where the exits clearly marked in a way that would have allowed people to escape that of in an emergency when that question has to be answered from what we're learning about las vegas shooting it appears that this wasn't the case and for the family members who lost in this tragedy they now have to wade through a confusing heartbreaking pile of paperwork regarding the state's debts custody proceedings and so on the victims of the vegas shooting are facing an uphill battle on all fronts but fortunately there are some attorneys out there who work in on the front lines to help people put their lives back together as quickly as possible. for more on this i'm joined by attorney richard patterson who is representing the
family of one of the men killed in the last vegas shooting from what you've experienced what exactly is unfolding for victims of the shooting weeks after the event what legal challenges are arising as you see. thank you like it's great to be here appreciate the privilege the reality is history is repeating itself it's interesting that now the documents related to the kennedy assassination sound relatively familiar. mr president kennedy was shot by a man and i building apparently by himself and here we are many many years later over fifty years later and we still have some of these same challenges it's been a real tragedy i've been there i've walked past the site there's nothing that will compare with what you can feel and see then when the clients begin to come in and tell their stories it becomes overwhelmingly an emotional burden for everyone and
the reality is we have just gone through the first wave of tragedy and exposure and loss and now the second wave is upon us i call it a tragedy a wave like a like a tidal wave and that is what do we do about the human richard operation let me ask you. richard let me ask you what's the nature of the lawsuit that you're handling on behalf of the family tell tell me what you've alleged what is it you're trying to accomplish in this lawsuit and who are you going after certainly the the first filing that we had in this matter which was i think the first court filing in the case was we elected to file in the clark county which is and nevada and las vegas clark county probate court and the probate court we were pursuing the court's order to appoint the public administrator to gather the assets find them and to protect them and hold them subject to the distribution ordered by the court we don't know
how wealthy the shooter was the result a geisha is that he won five million dollars two years ago gamblin his brother on television said he's a multimillionaire we took the steps to protect those and are awaiting the confirmation of that with the court system clearly these are assets can be recovered from the shooter that's your most direct angle here but m.g.m. properties seem to have been think of botched the response the security guard being shot by pat it seems that there's an issue with how long patrick was in his room with the do not disturb sign there are standards about that within the industry the use of the use of the elevators and the way that they use the service elevator there are all types of issues flying around here and i'm assuming what you've done here robert you file you file the suit you're doing an investigation you're trying to find all these moving parts that that will keep will continue to develop my
prediction is this case goes on you're going to find standards that are usually followed within the industry that have been have not been followed here what's your general take on where you think this is going to go well there are chapters of the story yet to be unfolded i'm sure and that is first of all m.g.m. has their fingerprints all over both sides of the street they were coping. new series of the concert they own the site where the concert was held and they worked with a live nation as you probably know live nation is the largest promoter and producer of these kinds of the news and they actually last year they had eight and a half billion dollars in sales they have a market value of six and a half billion and and that is one terrific target you would have thought that they had some mature and seasoned security systems available they had no no exits for emergencies they had no signs for exits they had chaos that reigned as soon as the bullets started flying someone elected to flip all the floodlights on right on the
crowd darkness all around them with a cloud of crowd hunched and then fall and all over each other and now the shooter just had had a heyday there was one main exit which was about eight feet wide and as a people stampeded toward that exit he shot a couple of people who fell and from the crowd they really became densely packed he shot a couple more there and the carnage just just went on and on what a rubber what are you saying about the standards i mean as we look at the standards here we look at there are ways for example you start off with the kennedy shooting i thought that was an interesting analysis because since then buildings and parade areas have been handled in a certain way where it comes to security the way a building is accessed in and out of a building is even been as an even been very so there are types of standards that develop in this business after events like that shooting that you talk about but as you're looking at it i mean i think you could go to mandalay bay i'm sure you're
looking at this in find out that they had standards within their own hotel that were violated like i raised earlier the notion that you know you don't leave a person in a room for thirty six hours without saying what the world's going on not matter of fact steve wynn recently gave a an interview about that he said we'd never consider that type of thing this man this mandalay base think they just escaped this thing from what from the way you're seeing them promote this story. well of course it's difficult to know what they think we can project that they're being directed by risk management and their insurance companies this really is a situation in the whole country that the insurance companies could do the right thing they could find that there was something amiss going into their own investigations m.g.m. is basically hiding the ball here they argue with the city police the metro police the f.b.i. as to what the time frames were you'd think that they'd come together in a room get the f.b.i. the metro police experts into g.m.
and share everything that's not happening they're not forthcoming of course a restraining order has been fined filed and granted by the court that prevents tampering. spoliation as this develops robert one thing we do see the idea is that mandalay bay the owners the insurance companies the promoters they first of all have to come to the conclusion that this this doesn't just happen that it wasn't just this this crazy man up with a gun it didn't just happen by itself there were too many events that took place in between him going to his room locking the door for thirty six hours using the l. of the service elevator to come up and down there were too many events in between the shooting in that in that time to say well gee whiz we're just going to we're going to take a scorched earth approach here we're simply not going to we're simply not going to pay if you see the insurance company do that i'll make
a prediction that they'll get hammered with one of the biggest verdicts they've ever had and then after that maybe then people will come together and they'll say well we see this is a real problem let's try to mediate this let's try to give these people the right to come in and tell us what their damages are and in the process let's correct this in the future so it doesn't happen again isn't that kind of what your goal is here i mean you know obviously nobody wants to nobody wants to make this into a long drawn out event for these families they've always suffered enough isn't this something that you would push is to say look let's keep level heads let's come into a room and everybody sit and talk about the obvious and that is everybody had partial and a role in doing something wrong here and exactly where we're looking also for the videos you can't walk fifteen feet in a casino like that in a hotel without being on the video those have been disclosed but they are now under court order not to be destroyed or erased and that's important i believe that the
the tragedy that will unfold as i call it this the second wave the second tidal wave of tragedy when people start to tell their stories in in real time as it affects their lives will just set fire. to the defense's position that they're going to put their head in the sand and do nothing and i'm assuming that what you're doing is putting is putting a group of some of the better lawyers and yourself together with in that area in saying let's all try to work on this collectively let's all do the discovery collect discovery collectively let's all get on the same sheet of music rather than any competition here let's try to move forward in a collective manner that would be my recommendation and i got to tell you handle so the biggest cases in this country and i hope that that's what you'll do out there that everybody will just come together and really try to accomplish something that is in the best interest of all these people but thanks for doing the first thing that needed to be done and that is to file
a case and preserve what assets this shooter had thanks john thanks for joining me ok thank you thank you for coming out one sitting in the blue state of california is under fire after revelations of its treatment of its homeless population that some that. for decades the american middle class has been railroaded by washington politics. big money corporate that's thrown down a lot of boys that's how it is in the news culture in this country now that's where i come in. i mean it's still on our t. america i'll make sure you don't get railroaded you'll get the straight talk in the straight. what's typical. but i hope you
don't. get me no my son did i'm not to run. that city. right and most subtle created by the spirit are honest i'm just. used in this was a. lot something to the most part of the a lot of the part of the. boss on the cd is that our studio need to know this isn't going to. kill them all into it is the feed out of this stuff so the this got to be but i mean. the look. gets delivered up with a. beard
who is in the spotlight for its treatment of the homeless after a man was arrested for sleeping in a tent in the city streets authorities said he violated california's illegal lives and all which are charged charges homilies man this side of the challenge is in court saying that they're ignoring his side of the story others like him who have nowhere to go joining to talk about this is america's lawyer correspondent brigitte santos frizzy to this these stories are popping up all over the country the man arrested richard stephenson what do you know about this particular story in this case. mike richard stevenson is a homeless man in san diego as you said now he has been found guilty for two counts of illegal lodging and encroachment for sleeping in his tent fifteen minutes beyond
when the city's municipal code allows people to sleep in public now he was arrested back in april but he has just been found guilty by a trial now he's been sentenced to two years of probation and he's also been ordered to stay away from the downtown san diego area. where he had pitched that tent in the first place mike what's the story with the state's laws in law what were the arguments to enact this law in the first place in a state that many sees a progressive friendly to the poor certainly we think of california that way what is your take on this. so california lodging laws state that any person who lodges in a public or private place building structure or a vehicle without the permission of the owner is guilty of a misdemeanor which would be disorderly conduct now in california we have the largest homeless population in the entire country and in fact in two thousand and sixteen we had over one hundred eighteen thousand people on the streets of
california these illegal lodging laws are really tackling the visibility problem in california we have not managed to shelter our homeless like many states on the east coast that have managed to find shelters so you have people like richard stevenson who have absolutely nowhere to go and you have these laws which are really trying to make it so the public doesn't have to see them they're completely out of sight they're being forced to leave areas sidewalks public spaces neighborhoods in order to just make it look like the problem doesn't exist but in california we're consistently looking at the symptom of homelessness and trying to tackle that rather than trying to tackle the causes things like finding more affordable housing where in the middle of a housing crisis here so that's one reason why people are becoming more homeless we're also not tackling mental health care addiction domestic abuse and even climate change which has now caused many fires that are forcing more people onto
the streets mike regime to the argument is that the homeless people don't need to they don't need tarps they don't need care and make sure of shelters for that matter there's an argument to have any ground i mean if we take a look at that we take a look at states around around this country we're seeing this happen more and more you're seeing some constitutional to it there is a way that you can deal with this problem in a way that certainly is more compassionate it is simply comes down the taxpayers and ok this is right out in front of us we see this is real we've got to have an alternative plan we can't just arrest people because they don't have a place to the there's this argument to gee was this was totally unnecessary this man could have found somewhere else to sleep because we have alternatives all available all over california what's your take on that. this absolutely has no grounds in reality in fact right now in los angeles where we have more homeless people than anywhere in the state and in the country it's about one hundred degrees
so if you're saying that these homeless people are not allowed to seek refuge and create their own space for shade and protection from the elements then that's absolutely outrageous and inhumane now police argue that violent crime goes up when they do not crack down on these temp laws but again they're cracking down on people when they simply have no ability to provide refuge for these people now in this case this particular one regarding richard stevenson it took a judge an activist a police officer a public defender to find him a space at a homeless shelter so people should not be getting fined because the state simply can't help them well my take is on and oddly enough as you're in the ninth circuit there in california it's a very progressive a poet circuit but the argument here does come down to what they call what we call police powers health safety and welfare the state makes the argument the gee whiz we're not doing this to be mean we're doing because it's a health issue. safety issue and so we have to do something
in this is the best we can do to clean up the streets is to criminalize. the poor and sweep all this under rug as evidence of homelessness in san diego continues to grow it's seen by any group that you take a look at it we really know what this is about but the argument sounds seductive the argument is gee whiz a constitutional argument is that we have a very wide expanse of police powers health safety and welfare we can do fairly extreme things because we're looking at the general population we're having the way this individual's rights over the rights of everybody that's typically the way these things or you don't a constitutional level what's the state civil rights department have to say about this. they say that these are inhumane and going to what you're talking about with the police again this is an excuse because when you look at the money that goes into the budget for tackling homeless people for example here in los angeles in
twenty fifteen one hundred million dollars was given to the states at six tackle homelessness eighty seven million of that one hundred million went to law enforcement to crack down on homeless people so they can say all day that this is about really helping people but again it's about filling up their own budgets here mike from the police power standpoint i'll make a pretty make a prediction brazuca you're going to start hearing a lot about this new have to tie this outbreak has taken place in the city and they're going to say part of this has to do with homelessness they're going to tie it into an argument of the police power health safety and welfare therefore we have to do this they're going to have they're going to have a pretty compelling argument from a constitutional law of a new so don't be shocked if the ninth circuit even says that this might be ok for you to thank you for joining me as usual great coverage on the story. thanks mike. you will love this story used cars that are under recall status are being sold
without their safety flaws are deadly defects being corrected joining me to talk about this is executive editor for traveler magazine's fair and close and fair and because let me ask you this you've been you cover all stores you see every odd iteration of corporate america trying to pull off the scare this is a big scale it really is you know car max the company doing this one of the largest auto resellers in the united states and a recent survey found out that as many as twenty five percent of their vehicles are being sold with existing active recalls on the vehicles and some of these you know we've known this for want a lot of recalls might be minor but we do have very major life threatening recalls out there in this car. sure and now we have the ignition switch recall to kata airbags where the airbag is essentially exploding and shooting shrapnel instead of protecting somebody in the event of an accident car max knows that these defects
are there knows that they don't even have to pay to fix them but they don't want to take the time because any time that car is not sitting on the lot you know getting a recall fixed they can't sell it that day and it cost them money i guess in the long run of course of sold as is right. with airbags shrapnel in your head that your responsibility if you bought the car but truthfully this is going to end in some serious lawsuits it it absolutely is eric schneiderman in new york city has already taken on similar cases with auto dealers knowing knowingly selling a vehicle that has an active recall it's insisting the vehicle is safe because that's the thing it's not just that they're selling it with the recall it's that they know there's a recall they're not telling the consumer about it the consumer is not going back and checking because you assume this dealership has done the due diligence because
they know when they get a new car and they run the van they know what's out there it's one thing the seller car that maybe has a defective paint may be a defective windshield wiper but when you're selling a car where you have a defect that can cause death that's a little different the standards raised a little bit which surprises me shouldn't the f.t.c. step in and do something there if the government function like it was supposed to function in the united states it absolutely would but we know for a fact that regulatory agencies everything from the f.t.c. to the e.p.a. to the f.d.a. for decades have been captured by industry they're not going to step in and regulate their bodies they're going to do what they have to to make sure that their bodies are taken care of that their bottom lines are ineffective so we change the rules we don't enforce certain rules and that. why we end up in situations like this where a massive corporation can get away with just selling you a vehicle that may or may not kill you and they know it or they will tell you i
mean i think the case is going to turn on this the case is going to say look we sold this as is but to sell as is with a hidden safety issue a danger a hidden danger that can result in your death maybe the car maybe the car burns up maybe an electrical fire takes place maybe that shrapnel problem that they're having with cotton airbags becomes an issue so this is a for a used car dealer to say we're on good ground i'm not worried about this but you better take a reality check i would say i'm calling this you're going to see some cases come out of this where somebody somebody is killed because of when these latent defects where there's been a recall there's going to be a big problem there is someone watching this program how how what should they know about car max before they go buy a car or will will first and foremost any time you go to buy a vehicle do not i don't want to say don't trust the dealership but you got to do your own research get the vent number there are all available online in h t s a government web site look for recalls look for defects to get the van and do your
research i think you fair and finally tonight some good news for african-american firefighters in kansas city missouri an african-american fire truck driver named tarsus jones was awarded more than three hundred thousand dollars in compensatory damages following a race discrimination suit against kansas city jones' claim the department used discriminate or discriminatory practices when the term and who's promoted the suit claims the jones worked for the department for seventeen years and had been eligible to become captain for twelve years he took the captain's test five times scoring high on the objective testing but was marked down in his verbal skills scored the last two then stated that caucasian officers have less experience less seniority and lower scores on the written test received promotions to captain or others other. positions because of their verbal skills that there were more in line with the testing standards a similar scenario also occurred in a different county with fire truck driver dyno woods who scored well on his test
but was martin down in his oral testing he also filed a lawsuit the appeals court will no doubt soon weigh in on the issue of how much weight can be given on the basic verbal skills when balanced against other critical experience qualifications while the race issues between african-american firefighters and the respective apartments are still far from resolved hopefully mr jones legal victory sets the right pace for us to take a look at this issue a little closer that's all for tonight be sure to check out our web site at aol dot malls or you can actually talk to an attorney about any of the stories you covered on the show and find us on facebook at facebook dot com slash r t america's lawyer also you can watch all of the american programs on this program direct t.v. on channel four to war on my pap and tony oh this is america's war where every week we tell you stories that corporate media is ordered not to tell because their advertisers simply won't let them come great night ily.
what you have for breakfast or why would you put those two up faces your wife. like the name of that what's your biggest fear or the ability or. when so let's talk a little bit bored you say if you ever met the times the best quote about. exploring the topic that doesn't belong to. now i've had to do due to question more.
the mission of news with it is to go to the people tell their side of the story our stories are well sourced we don't hide anything from the public and i don't think the mainstream media in this country can say that i mean average viewer knows that r.t. america has a different perspective so that we're not hearing one echo chamber that mainstream media is constantly spewing. we're not beholden to any corporate sponsor no one tells us what the cover how long the coverage or how to say it that's the beauty of our t.v. america. we give both sides we hear from both sides and we question more that journalists are not letting anything get a new one.